This appeal arises pursuant to the Texas Workers’ Compensation Act, TEX. LAB. CODE ANN. § 401.001 et seq. (1989 Act). A contested case hearing was held on August 24, 2004. The hearing officer determined that the appellant (claimant) did not sustain a compensable injury on ______________, and did not have disability. The claimant appeals these determinations on sufficiency of the evidence grounds. The respondent (carrier) urges affirmance.
The claimant attached additional documentation to his appeal which would purportedly show that he sustained a compensable injury on ___________. Documents submitted for the first time on appeal are generally not considered unless they constitute newly discovered evidence. See generally Texas Workers' Compensation Commission Appeal No. 93111, decided March 29, 1993; Black v. Wills, 758 S.W.2d 809 (Tex. App.-Dallas 1988, no writ). Upon our review, the documents offered are not so material that they would probably produce a different result, nor is it shown that the documents could not have been obtained prior to the hearing below. The documents, therefore, do not meet the requirements for newly discovered evidence and will not be considered on appeal.
The hearing officer did not err in determining that the claimant did not sustain a compensable injury on ___________, and did not have disability. These determinations involved questions of fact for the hearing officer to resolve. The hearing officer is the sole judge of the weight and credibility of the evidence (Section 410.165(a)) and, as the trier of fact, resolves the conflicts and inconsistencies in the evidence, including the medical evidence (Texas Employers Insurance Association v. Campos, 666 S.W.2d 286 (Tex. App.-Houston [14th Dist.] 1984, no writ)). In view of the evidence presented, we cannot conclude that the hearing officer’s determinations are so against the great weight and preponderance of the evidence as to be clearly wrong or manifestly unjust. Cain v. Bain, 709 S.W.2d 175, 176 (Tex. 1986).
The decision and order of the hearing officer is affirmed.
The true corporate name of the insurance carrier is REPUBLIC LLOYDS INSURANCE COMPANY and the name and address of its registered agent for service of process is
SAMUEL D. FRANCIS C/O J. I. SPECIALTY SERVICES
9229 WATERFORD CENTRE BOULEVARD, SUITE 100
AUSTIN, TEXAS 78758.
Thomas A. Knapp
Margaret L. Turner